Albany, NY – Tenants who have been financially harmed by the ongoing COVID-19 pandemic and economic crisis may soon no longer have to worry about losing their homes. State Senator Brad Hoylman and Assemblyman Jeffrey Dinowitz have passed legislation codifying the statewide eviction moratorium and extending it until the end of the COVID-19 emergency for anyone who has experienced financial hardship during this period.

The state legislation represents a compromise between the Assembly and State Senate with the ultimate goal of creating a bill that would be signed into law by the Governor. It is viewed as an essential first step which will keep people in their homes while financial relief for tenants is being negotiated on the federal level.

The legislation defines “COVID-19 covered period” as rent due or accrued beginning on March 7 (the date the state emergency order was declared for COVID-19) until the date on which business restrictions and non-essential gathering restrictions have ended. In the context of the NYForward reopening guide, this equates to Phase 4 – permitting the resumed operation of arts, entertainment, recreation, and education sectors.

Functionally, tenants who experience financial hardship during the COVID-19 pandemic will be explicitly allowed to raise it as a defense during eviction proceedings based on four factors: tenant’s lawful income prior to and during the COVID-19 covered period, tenant’s liquid assets, and tenant’s eligibility for and receipt of other benefits under state or federal law. The court may also consider other relevant factors to evaluate whether financial harm has occurred.

If a tenant is determined to have suffered financial hardship, the court would be prohibited from issuing a warrant of eviction or judgment of possession against them. The court could instead award a money judgment for rent owed. The tenant would be financially obligated to pay the rent they owe, but it would not impact their legal right to remain in their home.

The legislation passed both the Assembly (A10290-B) and State Senate (S8192-B) on May 27, 2020.

Assemblyman Jeffrey Dinowitz (D - Bronx) said: “One of the most important things we can do is keep people in their homes and prevent them from becoming homeless. While we wait on the federal government to do their jobs and provide disaster relief funding to people who have been impacted by COVID-19, this legislation is a life-changing protection for tenants. Thank you to State Senator Hoylman, Legal Aid Society, and my colleagues in the legislature for their partnership on this legislation, and we will continue fighting alongside legal services providers to ensure that everyone is aware of their rights as a tenant and has access to help if they are taken to housing court.”

State Senator Brad Hoylman said: “New York is the global epicenter of an unprecedented public health and economic crisis. With public health experts urging us to stay safe by staying indoors, we must do everything possible to keep New Yorkers in their homes. The Tenant Safe Harbor Act will help New Yorkers who are suffering financially from the COVID-19 pandemic by protecting them from eviction, an important first step to help them get through this crisis. I’m proud to have worked with my colleagues Assemblyman Jeffrey Dinowitz and Senator Liz Krueger to craft this bill and I’m grateful for the support of Senate Majority Leader Andrea Stewart-Cousins who played a crucial role in ensuring we pass this legislation today.”

State Senator Liz Krueger said: “I am proud to be the co-lead sponsor of the Tenant Safe Harbor Act with Senator Hoylman. The current crisis has created job losses beyond anything seen in our state since the Great Depression. It is vital that we take real, practical, viable action to ensure that our fellow New Yorkers do not lose their homes at a time when they cannot earn an income because they have been ordered to stay home. This legislation will help prevent an unprecedented housing crisis among residents facing financial hardships due to the pandemic, and give New York tenants a chance to get back on their feet once the state of emergency has ended.”

Judith Goldiner, Attorney-in-Charge of the Civil Law Reform Unit at The Legal Aid Society, said: “Amid the Covid-19 outbreak, we must make every attempt to protect New Yorkers from eviction and to mitigate the devastating effects caused by the crisis. We commend Senator Brad Hoylman and Assemblyman Jeffrey Dinowitz for introducing this legislation and taking a stand to prevent tenants who have experienced a Covid-related financial hardship from losing their homes during this period.”